Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 1418
       
       
       
       
       
       
                                Ì341380~Î341380                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/26/2023           .                                
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       The Committee on Fiscal Policy (Bradley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 429 - 992
    4  and insert:
    5  NG911 systems, public safety radio communications systems, and
    6  other public safety communications improvements wireless E911
    7  service by service area, and prioritize disbursements of
    8  revenues from the fund to providers and rural counties as
    9  provided in s. 365.173(2)(f) s. 365.173(2)(e) and (g) pursuant
   10  to the schedule, in order to implement 911 E911 services in the
   11  most efficient and cost-effective manner.
   12         b.For grants made available under s. 365.173(2)(g), the
   13  board shall provide 90 days’ written notice to all counties and
   14  publish electronically an approved application process.
   15  Applications must be prioritized based on the availability of
   16  grant funds, current system life expectancy, and system
   17  replacement needs. The board shall take all actions within its
   18  authority to ensure that county recipients of such funds use
   19  these funds only for the purpose for which they have been
   20  provided and may take any actions within its authority to secure
   21  county repayment of revenues upon a determination that the funds
   22  were not used for the purpose for which the funds were
   23  disbursed.
   24         b.Revenues in the fund which have not been disbursed
   25  because sworn invoices as required by s. 365.173(2)(e) have not
   26  been submitted to the board may be used by the board as needed
   27  to provide grants to counties for the purpose of upgrading E911
   28  systems. The counties must use the funds only for capital
   29  expenditures or remotely provided hosted 911 answering point
   30  call-taking equipment and network services directly attributable
   31  to establishing and provisioning E911 services, which may
   32  include next-generation deployment. Prior to the distribution of
   33  grants, the board shall provide 90 days’ written notice to all
   34  counties and publish electronically an approved application
   35  process. County grant applications shall be prioritized based on
   36  the availability of funds, current system life expectancy,
   37  system replacement needs, and Phase II compliance per the
   38  Federal Communications Commission. No grants will be available
   39  to any county for next-generation deployment until all counties
   40  are Phase II complete. The board shall take all actions within
   41  its authority to ensure that county recipients of such grants
   42  use these funds only for the purpose under which they have been
   43  provided and may take any actions within its authority to secure
   44  county repayment of grant revenues upon determination that the
   45  funds were not used for the purpose under which they were
   46  provided.
   47         c.When determining the funding provided in a state 911
   48  grant application request, the board shall take into account
   49  information on the amount of carryforward funds retained by the
   50  counties. The information will be based on the amount of county
   51  carryforward funds reported in the financial audit required in
   52  s. 365.173(2)(d). E911 State Grant Program funding requests will
   53  be limited by any county carryforward funds in excess of the
   54  allowable 30 percent amount of fee revenue calculated on a 2
   55  year basis.
   56         d.The board shall reimburse all costs of a wireless
   57  provider in accordance with s. 365.173(2)(e) before taking any
   58  action to transfer additional funds.
   59         e.After taking the action required in sub-subparagraphs
   60  a.-d., the board may review and, with all members participating
   61  in the vote, adjust the percentage allocations or adjust the
   62  amount of the fee as provided under paragraph (8)(g), and, if
   63  the board determines that the revenues in the wireless category
   64  exceed the amount needed to reimburse wireless providers for the
   65  cost to implement E911 services, the board may transfer revenue
   66  to the counties from the existing funds within the wireless
   67  category. The board shall disburse the funds equitably to all
   68  counties using a timeframe and distribution methodology
   69  established by the board.
   70         4. Review documentation submitted by wireless providers
   71  which reflects current and projected funds derived from the fee.
   72  , and the expenses incurred and expected to be incurred in order
   73  to comply with the E911 service requirements contained in the
   74  order for the purposes of:
   75         a.Ensuring that wireless providers receive fair and
   76  equitable distributions of funds from the fund.
   77         b.Ensuring that wireless providers are not provided
   78  disbursements from the fund which exceed the costs of providing
   79  E911 service, including the costs of complying with the order.
   80         c.Ascertaining the projected costs of compliance with the
   81  requirements of the order and projected collections of the fee.
   82         d.Implementing changes to the allocation percentages or
   83  adjusting the fee under paragraph (8)(h).
   84         5.Implement changes to the allocation percentages or
   85  adjust the fee pursuant to s. 365.173.
   86         6.5. Meet monthly in the most efficient and cost-effective
   87  manner, including telephonically when practical, for the
   88  business to be conducted. The office shall administer the
   89  disbursement of funds to counties and provide a monthly report
   90  of such disbursements to the board, to review and approve or
   91  reject, in whole or in part, applications submitted by wireless
   92  providers for recovery of moneys deposited into the wireless
   93  category, and to authorize the transfer of, and distribute, the
   94  fee allocation to the counties.
   95         7.6. Hire and retain employees, which may include an
   96  independent executive director who shall possess experience in
   97  the area of telecommunications and emergency 911 issues, for the
   98  purposes of performing the technical and administrative
   99  functions for the board.
  100         8.7. Make and enter into contracts, pursuant to chapter
  101  287, and execute other instruments necessary or convenient for
  102  the exercise of the powers and functions of the board.
  103         9.8. Sue and be sued, and appear and defend in all actions
  104  and proceedings, in its corporate name to the same extent as a
  105  natural person.
  106         10.9. Adopt, use, and alter a common corporate seal.
  107         11.10. Elect or appoint the officers and agents that are
  108  required by the affairs of the board.
  109         12.11. The board may adopt rules under ss. 120.536(1) and
  110  120.54 to implement this section and ss. 365.173 and 365.174.
  111         13.12. Provide coordination, support, and technical
  112  assistance to counties to promote the deployment of advanced
  113  public safety emergency communications 911 and E911 systems in
  114  the state.
  115         14.13. Provide coordination and support for educational
  116  opportunities related to 911 E911 issues for the public safety
  117  emergency communications E911 community in this state.
  118         15.14. Act as an advocate for issues related to public
  119  safety emergency communications E911 system functions, features,
  120  and operations to improve the delivery of public safety
  121  emergency communications E911 services to the residents of and
  122  visitors to this state.
  123         16.15. Coordinate input from this state at national forums
  124  and associations, to ensure that policies related to public
  125  safety emergency communications E911 systems and services are
  126  consistent with the policies of the public safety emergency
  127  communications E911 community in this state.
  128         17.16. Work cooperatively with the system director
  129  established in s. 365.171(5) to enhance the state of public
  130  safety emergency communications E911 services in this state and
  131  to provide unified leadership for all public safety emergency
  132  communications E911 issues through planning and coordination.
  133         18.17. Do all acts and things necessary or convenient to
  134  carry out the powers granted in this section in a manner that is
  135  competitively and technologically neutral as to all voice
  136  communications services providers, including, but not limited
  137  to, consideration of emerging technology and related cost
  138  savings, while taking into account embedded costs in current
  139  systems.
  140         19.18. Have the authority to secure the services of an
  141  independent, private attorney via invitation to bid, request for
  142  proposals, invitation to negotiate, or professional contracts
  143  for legal services already established at the Division of
  144  Purchasing of the Department of Management Services.
  145         (b) Board members shall serve without compensation;
  146  however, members are entitled to per diem and travel expenses as
  147  provided in s. 112.061.
  148         (c) By February 28 of each year, the board shall prepare a
  149  report for submission by the office to the Governor, the
  150  President of the Senate, and the Speaker of the House of
  151  Representatives which addresses for the immediately preceding
  152  state fiscal year and county fiscal year:
  153         1. The annual receipts, including the total amount of fee
  154  revenues collected by each provider, the total disbursements of
  155  money in the fund, including the amount of fund-reimbursed
  156  expenses incurred by each wireless provider to comply with the
  157  order, and the amount of moneys on deposit in the fund.
  158         2. Whether the amount of the fee and the allocation
  159  percentages set forth in s. 365.173 have been or should be
  160  adjusted to comply with the requirements of the order or other
  161  provisions of this chapter, and the reasons for making or not
  162  making a recommended adjustment to the fee.
  163         3. Any other issues related to providing emergency
  164  communications E911 services.
  165         4. The status of emergency communications E911 services in
  166  this state.
  167         (7) REQUEST FOR PROPOSALS FOR INDEPENDENT ACCOUNTING FIRM.—
  168         (a) The board shall issue a request for proposals as
  169  provided in chapter 287 for the purpose of retaining an
  170  independent accounting firm. The independent accounting firm
  171  shall perform all material administrative and accounting tasks
  172  and functions required for administering the fee. The request
  173  for proposals must include, but need not be limited to:
  174         1. A description of the scope and general requirements of
  175  the services requested.
  176         2. A description of the specific accounting and reporting
  177  services required for administering the fund, including
  178  processing checks and distributing funds as directed by the
  179  board under s. 365.173.
  180         3. A description of information to be provided by the
  181  proposer, including the proposer’s background and qualifications
  182  and the proposed cost of the services to be provided.
  183         (b) The board shall establish a committee to review
  184  requests for proposals which must include the statewide
  185  emergency communications systems E911 system director designated
  186  under s. 365.171(5), or his or her designee, and two members of
  187  the board, one of whom is a county 911 coordinator and one of
  188  whom represents a voice communications services provider. The
  189  review committee shall review the proposals received by the
  190  board and recommend an independent accounting firm to the board
  191  for final selection. By agreeing to serve on the review
  192  committee, each member of the review committee shall verify that
  193  he or she does not have any interest or employment, directly or
  194  indirectly, with potential proposers which conflicts in any
  195  manner or degree with his or her performance on the committee.
  196         (c) The board may secure the services of an independent
  197  accounting firm via invitation to bid, request for proposals,
  198  invitation to negotiate, or professional contracts already
  199  established at the Division of Purchasing, Department of
  200  Management Services, for certified public accounting firms, or
  201  the board may hire and retain professional accounting staff to
  202  accomplish these functions.
  203         (8) PUBLIC SAFETY EMERGENCY COMMUNICATIONS SYSTEMS E911
  204  FEE.—
  205         (a) Each voice communications services provider shall
  206  collect the fee described in this subsection, except that the
  207  fee for prepaid wireless service shall be collected in the
  208  manner set forth in subsection (9). Each provider, as part of
  209  its monthly billing process, shall bill the fee as follows. The
  210  fee may shall not be assessed on any pay telephone in the state.
  211         1. Each voice communications service provider other than a
  212  wireless provider shall bill the fee to a subscriber based on
  213  the number of access lines having access to the 911 E911 system,
  214  on a service-identifier basis, up to a maximum of 25 access
  215  lines per account bill rendered.
  216         2. Each voice communications service provider other than a
  217  wireless provider shall bill the fee to a subscriber on a basis
  218  of five service-identified access lines for each digital
  219  transmission link, including primary rate interface service or
  220  equivalent Digital-Signal-1-level service, which can be
  221  channelized and split into 23 or 24 voice-grade or data-grade
  222  channels for communications, up to a maximum of 25 access lines
  223  per account bill rendered.
  224         3. Except in the case of prepaid wireless service, each
  225  wireless provider shall bill the fee to a subscriber on a per
  226  service-identifier basis for service identifiers whose primary
  227  place of use is within this state. The fee may shall not be
  228  assessed on or collected from a provider with respect to an end
  229  user’s service if that end user’s service is a prepaid wireless
  230  service sold before January 1, 2015.
  231         4. Except in the case of prepaid wireless service, each
  232  voice communications services provider not addressed under
  233  subparagraphs 1., 2., and 3. shall bill the fee on a per
  234  service-identifier basis for service identifiers whose primary
  235  place of use is within the state up to a maximum of 25 service
  236  identifiers for each account bill rendered.
  237  
  238  The provider may list the fee as a separate entry on each bill,
  239  in which case the fee must be identified as a fee for 911 E911
  240  services. A provider shall remit the fee to the board only if
  241  the fee is paid by the subscriber. If a provider receives a
  242  partial payment for a monthly bill from a subscriber, the amount
  243  received shall first be applied to the payment due the provider
  244  for providing voice communications service.
  245         (b) A provider is not obligated to take any legal action to
  246  enforce collection of the fees for which any subscriber is
  247  billed. A county subscribing to 911 service remains liable to
  248  the provider delivering the 911 service or equipment for any 911
  249  service, equipment, operation, or maintenance charge owed by the
  250  county to the provider.
  251         (c) For purposes of this subsection, the state and local
  252  governments are not subscribers.
  253         (d) Each provider may retain 1 percent of the amount of the
  254  fees collected as reimbursement for the administrative costs
  255  incurred by the provider to bill, collect, and remit the fee.
  256  The remainder shall be delivered to the board and deposited by
  257  the board into the fund. The board shall distribute the
  258  remainder pursuant to s. 365.173.
  259         (e) Voice communications services providers billing the fee
  260  to subscribers shall deliver revenues from the fee to the board
  261  within 60 days after the end of the month in which the fee was
  262  billed, together with a monthly report of the number of service
  263  identifiers in each county. Each wireless provider and other
  264  applicable provider identified in subparagraph (a)4. shall
  265  report the number of service identifiers for subscribers whose
  266  place of primary use is in each county. All provider subscriber
  267  information provided to the board is subject to s. 365.174. If a
  268  provider chooses to remit any fee amounts to the board before
  269  they are paid by the subscribers, a provider may apply to the
  270  board for a refund of, or may take a credit for, any such fees
  271  remitted to the board which are not collected by the provider
  272  within 6 months following the month in which the fees are
  273  charged off for federal income tax purposes as bad debt.
  274         (f) The rate of the fee may not exceed 50 cents per month
  275  for each service identifier. Effective January 1, 2015, the fee
  276  shall be 40 cents per month for each service identifier. The fee
  277  shall apply uniformly and be imposed throughout the state,
  278  except for those counties that, before July 1, 2007, had adopted
  279  an ordinance or resolution establishing a fee less than 50 cents
  280  per month per access line. In those counties the fee established
  281  by ordinance may be changed only to the uniform statewide rate
  282  no sooner than 30 days after notification is made by the
  283  county’s board of county commissioners to the board.
  284         (g) The board may adjust the allocation percentages for
  285  distribution of the fund as provided in s. 365.173. No sooner
  286  than June 1, 2015, the board may adjust the rate of the fee
  287  under paragraph (f) based on the criteria in this paragraph and
  288  paragraph (h). Any adjustment in the rate must be approved by a
  289  two-thirds vote of the total number of E911 board members. When
  290  setting the percentages or contemplating any adjustments to the
  291  fee, the board shall consider the following:
  292         1.The revenues currently allocated for wireless service
  293  provider costs for implementing E911 service and projected costs
  294  for implementing E911 service, including recurring costs for
  295  Phase I and Phase II and the effect of new technologies;
  296         1.2. The appropriate level of funding needed to fund the
  297  rural grant program provided for in s. 365.173(2)(f) s.
  298  365.173(2)(g); and
  299         2.3. The need to fund statewide, regional, and county
  300  grants in accordance with sub-subparagraph (6)(a)3.b. and s.
  301  365.173(2)(g) s. 365.173(2)(h).
  302         (h) The board may adjust the allocation percentages or
  303  adjust the amount of the fee as provided in paragraph (g) if
  304  necessary to ensure full cost recovery or prevent over recovery
  305  overrecovery of costs incurred in the provision of 911 E911
  306  service, including costs incurred or projected to be incurred to
  307  comply with the order. Any new allocation percentages or reduced
  308  or increased fee may not be adjusted for 1 year. In no event
  309  shall the fee exceed 50 cents per month for each service
  310  identifier. The fee, and any board adjustment of the fee, shall
  311  be uniform throughout the state, except for the counties
  312  identified in paragraph (f). No less than 90 days before the
  313  effective date of any adjustment to the fee, the board shall
  314  provide written notice of the adjusted fee amount and effective
  315  date to each voice communications services provider from which
  316  the board is then receiving the fee.
  317         (i) It is the intent of the Legislature that all revenue
  318  from the fee be used as specified in s. 365.173(2)(a)-(h) s.
  319  365.173(2)(a)-(i).
  320         (j) State and local taxes do not apply to the fee. The
  321  amount of the E911 fee collected by a provider may not be
  322  included in the base for imposition of any tax, fee, surcharge,
  323  or other charge imposed by this state, any political subdivision
  324  of this state, or any intergovernmental agency.
  325         (k) A local government may not levy the fee or any
  326  additional fee on providers or subscribers for the provision of
  327  911 E911 service.
  328         (l) For purposes of this section, the definitions contained
  329  in s. 202.11 and the provisions of s. 202.155 apply in the same
  330  manner and to the same extent as the definitions and provisions
  331  apply to the taxes levied under chapter 202 on mobile
  332  communications services.
  333         (9) PREPAID WIRELESS PUBLIC SAFETY EMERGENCY COMMUNICATIONS
  334  SYSTEMS E911 FEE.—
  335         (a) Effective January 1, 2015, a prepaid wireless E911 fee
  336  is imposed per retail transaction at the rate established in
  337  paragraph (8)(f). In order to allow sellers of all sizes and
  338  technological capabilities adequate time to comply with this
  339  subsection, a seller of prepaid wireless service operating in
  340  this state before the prepaid wireless E911 fee is imposed shall
  341  retain 100 percent of the fee collected under this paragraph for
  342  the first 2 months to offset the cost of setup.
  343         (b) Effective March 1, 2015, the prepaid wireless E911 fee
  344  imposed under paragraph (a) shall be subject to remittance in
  345  accordance with paragraph (g). In no event shall the fee exceed
  346  50 cents for each retail transaction. At least 90 days before
  347  the effective date of any adjustment to the fee under paragraph
  348  (8)(g), the Department of Revenue shall provide written notice
  349  of the adjusted fee amount and its effective date to each seller
  350  from which the department is then receiving the fee. At least
  351  120 days before the effective date of any adjustment to the fee
  352  imposed under this subsection, the board shall provide notice to
  353  the Department of Revenue of the adjusted fee amount and
  354  effective date of the adjustment.
  355         (c) The prepaid wireless E911 fee shall be collected by the
  356  seller from the consumer with respect to each retail transaction
  357  occurring in this state. The amount of the prepaid wireless E911
  358  fee shall be separately stated on an invoice, receipt, or other
  359  similar document that is provided to the consumer by the seller
  360  or otherwise disclosed to the consumer.
  361         (d) For purposes of paragraph (c), a retail transaction
  362  that takes place in person by a consumer at a business location
  363  of the seller shall be treated as occurring in this state if
  364  that business location is in this state. Such transaction is
  365  deemed to have occurred in the county of the business location.
  366  When a retail transaction does not take place at the seller’s
  367  business location, the transaction shall be treated as taking
  368  place at the consumer’s shipping address or, if no item is
  369  shipped, at the consumer’s address or the location associated
  370  with the consumer’s mobile telephone number. Such transaction is
  371  deemed to have occurred in the county of the consumer’s shipping
  372  address when items are shipped to the consumer or, when no items
  373  are shipped, the county of the consumer’s address or the
  374  location associated with the consumer’s mobile telephone number.
  375  A transaction for which the specific Florida county cannot be
  376  determined shall be treated as nonspecific.
  377         (e) If a prepaid wireless device is sold for a single,
  378  nonitemized price with a prepaid wireless service of 10 minutes
  379  or less or $5 or less, the seller may elect not to apply the
  380  prepaid wireless E911 fee to the transaction.
  381         (f) The amount of the prepaid wireless E911 fee that is
  382  collected by a seller from a consumer and that is separately
  383  stated on an invoice, receipt, or similar document provided to
  384  the consumer by the seller, may not be included in the base for
  385  imposition of any tax, fee, surcharge, or other charge that is
  386  imposed by this state, any political subdivision of this state,
  387  or any intergovernmental agency.
  388         (g) Beginning April 1, 2015, each seller shall file a
  389  return and remit the prepaid wireless E911 fees collected in the
  390  previous month to the Department of Revenue on or before the
  391  20th day of the month. If the 20th day falls on a Saturday,
  392  Sunday, or legal holiday, payments accompanied by returns are
  393  due on the next succeeding day that is not a Saturday, Sunday,
  394  or legal holiday observed by federal or state agencies as
  395  defined in chapter 683 and s. 7503 of the Internal Revenue Code
  396  of 1986, as amended. A seller may remit the prepaid wireless
  397  E911 fee by electronic funds transfer and file a fee return with
  398  the Department of Revenue that is initiated through an
  399  electronic data interchange.
  400         1. When a seller is authorized by the Department of Revenue
  401  pursuant to s. 212.11(1)(c) or (d) to file a sales and use tax
  402  return on a quarterly, semiannual, or annual reporting basis,
  403  the seller may file a return and remit the prepaid wireless E911
  404  fees on or before the 20th day of the month following the
  405  authorized reporting period for sales and use tax.
  406         2. A seller collecting less than $50 per month of prepaid
  407  wireless E911 fees may file a quarterly return for the calendar
  408  quarters ending in March, June, September, and December. The
  409  seller must file a return and remit the prepaid wireless E911
  410  fees collected during each calendar quarter on or before the
  411  20th day of the month following that calendar quarter.
  412         3. A seller must provide the following information on each
  413  prepaid wireless E911 fee return filed with the Department of
  414  Revenue:
  415         a. The seller’s name, federal identification number,
  416  taxpayer identification number issued by the Department of
  417  Revenue, business location address and mailing address, and
  418  county of the business location in accordance with paragraph
  419  (d);
  420         b. The reporting period;
  421         c. The number of prepaid wireless services sold during the
  422  reporting period;
  423         d. The amount of prepaid wireless E911 fees collected and
  424  the amount of any adjustments to the fees collected;
  425         e. The amount of any retailer collection allowance deducted
  426  from the amount of prepaid wireless E911 fees collected; and
  427         f. The amount to be remitted to the Department of Revenue.
  428         4. A seller who operates two or more business locations for
  429  which returns are required to be filed with the Department of
  430  Revenue may file a consolidated return reporting and remitting
  431  the prepaid wireless E911 fee for all business locations. Such
  432  sellers must report the prepaid wireless E911 fees collected in
  433  each county, in accordance with paragraph (d), on a reporting
  434  schedule filed with the fee return.
  435         5. A return is not required for a reporting period when no
  436  prepaid wireless E911 fee is to be remitted for that period.
  437         6. Except as provided in this section, the Department of
  438  Revenue shall administer, collect, and enforce the fee under
  439  this subsection pursuant to the same procedures used in the
  440  administration, collection, and enforcement of the general state
  441  sales tax imposed under chapter 212. The provisions of chapter
  442  212 regarding authority to audit and make assessments, keeping
  443  of books and records, and interest and penalties on delinquent
  444  fees shall apply. The provisions of estimated tax liability in
  445  s. 212.11(1)(a) do not apply to the prepaid wireless E911 fee.
  446         (h) A seller of prepaid wireless services in this state
  447  must register with the Department of Revenue for each place of
  448  business as required by s. 212.18(3) and the Department of
  449  Revenue’s administrative rule regarding registration as a sales
  450  and use tax dealer. A separate application is required for each
  451  place of business. A valid certificate of registration issued by
  452  the Department of Revenue to a seller for sales and use tax
  453  purposes is sufficient for purposes of the registration
  454  requirement of this subsection. There is no fee for registration
  455  for remittance of the prepaid wireless E911 fee.
  456         (i) The Department of Revenue shall deposit the funds
  457  remitted under this subsection into the Audit and Warrant
  458  Clearing Trust Fund established in s. 215.199 and retain up to
  459  3.2 percent of the funds remitted under this subsection to
  460  reimburse its direct costs of administering the collection and
  461  remittance of prepaid wireless E911 fees. Thereafter, the
  462  Department of Revenue shall transfer all remaining funds
  463  remitted under this subsection to the Emergency Communications
  464  Trust Number E911 System Fund monthly for use as provided in s.
  465  365.173.
  466         (j) Beginning March 1, 2015, a seller may retain 5 percent
  467  of the prepaid wireless E911 fees that are collected by the
  468  seller from consumers as a retailer collection allowance.
  469         (k) A provider or seller of prepaid wireless service is not
  470  liable for damages to any person resulting from or incurred in
  471  connection with providing or failing to provide emergency
  472  communications and 911 or E911 service or for identifying or
  473  failing to identify the telephone number, address, location, or
  474  name associated with any person or device that is accessing or
  475  attempting to access emergency communications and 911 or E911
  476  service.
  477         (l) A provider or seller of prepaid wireless service is not
  478  liable for damages to any person resulting from or incurred in
  479  connection with providing any lawful assistance to any
  480  investigative or law enforcement officer of the United States,
  481  any state, or any political subdivision of any state in
  482  connection with any lawful investigation or other law
  483  enforcement activity by such law enforcement officer.
  484         (m) The limitations of liability under this subsection for
  485  providers and sellers are in addition to any other limitation of
  486  liability provided for under this section.
  487         (n) A local government may not levy the fee or any
  488  additional fee on providers or sellers of prepaid wireless
  489  service for the provision of 911 E911 service.
  490         (o) For purposes of this section, the state and local
  491  governments are not consumers.
  492         (p) For purposes of this subsection, the term:
  493         1. “Consumer” means a person who purchases prepaid wireless
  494  service in a retail sale.
  495         2. “Prepaid wireless E911 fee” means the fee that is
  496  required to be collected by a seller from a consumer as provided
  497  in this subsection.
  498         3. “Provider” means a person that provides prepaid wireless
  499  service pursuant to a license issued by the Federal
  500  Communications Commission.
  501         4. “Retail transaction” means the purchase by a consumer
  502  from a seller of prepaid wireless service that may be applied to
  503  a single service identifier for use by the consumer. If a
  504  consumer makes a purchase of multiple prepaid wireless services
  505  in a single transaction, each individual prepaid wireless
  506  service shall be considered a separate retail transaction for
  507  purposes of calculating the prepaid wireless E911 fee.
  508         5. “Seller” means a person who makes retail sales of
  509  prepaid wireless services to a consumer.
  510         (10) AUTHORIZED EXPENDITURES OF PUBLIC SAFETY EMERGENCY
  511  COMMUNICATIONS SYSTEMS E911 FEE.—
  512         (a) For purposes of this section, emergency communications
  513  and 911 E911 service includes the functions relating to the
  514  receipt and transfer of requests for emergency assistance, of
  515  database management, call taking, and location verification, and
  516  call transfer. Department of Health certification and
  517  recertification and training costs for 911 public safety
  518  telecommunications, including dispatching, are functions of
  519  public safety emergency communications 911 services.
  520  (b) All costs directly attributable to the establishment or
  521  provision of emergency communications equipment E911 service and
  522  contracting for E911 services related to a primary or secondary
  523  public safety answering point are eligible for expenditure of
  524  moneys derived from imposition of the fee authorized by
  525  subsections (8) and (9). These costs include the acquisition,
  526  implementation, and maintenance of Public Safety Answering Point
  527  (PSAP) equipment and 911 E911 service features, as defined in
  528  the providers’ published schedules or the acquisition,
  529  installation, and maintenance of other E911 equipment,
  530  including: circuits; call answering equipment; call transfer
  531  equipment; ANI or ALI controllers; ANI or ALI displays; station
  532  instruments; NG911 E911 telecommunications systems; Emergency
  533  Services IP Networks (ESInets); visual call information and
  534  storage devices; recording equipment; telephone devices and
  535  other equipment for the hearing impaired used in the 911 E911
  536  system; PSAP backup power systems; consoles; automatic call
  537  distributors; , and interfaces, including hardware and software,
  538  for computer-aided dispatch (CAD) systems, public safety Land
  539  Mobile Radio(LMR) systems and radio consoles that provide two
  540  way radio communication with responders, and in-building
  541  coverage; integrated CAD systems for that portion of the systems
  542  used for E911 call taking; GIS system and software equipment and
  543  information displays; network clocks; cybersecurity, including
  544  hardware, software, and services; salary and associated expenses
  545  for 911 E911 call takers and emergency dispatchers for that
  546  portion of their time spent taking and transferring E911 calls,
  547  salary, and associated expenses for a county to employ a full
  548  time equivalent 911 E911 coordinator position and a full-time
  549  equivalent mapping or geographical data position, and technical
  550  system maintenance, database, and administration personnel for
  551  the portion of their time spent administrating the emergency
  552  communications E911 system; emergency medical, fire, and law
  553  enforcement prearrival instruction software; charts and training
  554  costs; training costs for PSAP call takers, dispatchers,
  555  supervisors, and managers in the proper methods and techniques
  556  used in taking and transferring 911 E911 calls; costs to train
  557  and educate PSAP employees and the public regarding 911 and
  558  radio E911 service or NG911 E911 equipment, including fees
  559  collected by the Department of Health for the certification and
  560  recertification of 911 public safety telecommunicators as
  561  required under s. 401.465; and expenses required to develop and
  562  maintain all information, including ALI and ANI databases, call
  563  takers access to smart city technology data, emergency
  564  communications broadband network information and other
  565  information source repositories, necessary to properly inform
  566  call takers as to location address, type of emergency, and other
  567  information directly relevant to the processing of a request for
  568  emergency assistance. An expenditure for a large-scale project
  569  may be made only if the decision supporting the expenditure was
  570  made in cooperation with the head of each law enforcement agency
  571  served by the primary PSAP in each county E911 call-taking and
  572  transferring function.
  573  
  574  ================= T I T L E  A M E N D M E N T ================
  575  And the title is amended as follows:
  576         Delete lines 11 - 37
  577  and insert:
  578         establish schedules for implementing certain NG911
  579         systems and improvements; establishing notice and
  580         publication requirements before distribution of grant
  581         funds; providing for priority of county applications
  582         for funds; requiring board oversight of such funds;
  583         eliminating certain authority of the board; providing
  584         for the board’s authority to implement changes to the
  585         allocation percentages and adjust fees; revising the
  586         frequency of board meetings; specifying that the
  587         Division of Telecommunications within the Department
  588         of Management Services must disburse funds to counties
  589         and provide a monthly report of such disbursements;
  590         revising the composition of a committee that reviews
  591         requests for proposals from the board regarding
  592         independent accounting firm selections; revising
  593         provisions relating to the public safety emergency
  594         communications systems fee; requiring uniform
  595         application and imposition of the fee; revising the
  596         factors that the board considers when setting
  597         percentages or contemplating adjustments to the fee;
  598         updating provisions relating to the prepaid wireless
  599         public safety emergency communications systems fee;
  600         revising emergency communications and 911 service
  601         functions; revising the types of emergency
  602         communications equipment and services that are
  603         eligible for expenditure of moneys derived from the
  604         fee; making technical changes; requiring that
  605         decisions regarding expenditures for large-scale
  606         projects be made in cooperation with specified
  607         individuals; conforming cross-